Rebecca Plona v. HHS - Influenza, musculocutaneous nerve injury, Parsonage-Turner syndrome, and tendonitis (2019)

Filed 2019-01-02Decided 2019-02-27Vaccine Influenza
compensated$98,411

Case summary [AI summaries can sometimes make mistakes]

Rebecca Plona filed a petition for compensation under the National Vaccine Injury Compensation Program on January 2, 2019. She alleged that she developed a musculocutaneous nerve injury, Parsonage-Turner syndrome, and tendonitis as a result of an influenza vaccine she received on September 24, 2015.

The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the vaccine. However, the parties subsequently filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Rebecca Plona was awarded a lump sum of $90,000, payable to her, for all items of damages.

Additionally, she was awarded a lump sum of $8,411.94, payable jointly to her and the State of Ohio Medicaid Tort Recovery Unit, to reimburse a State of Ohio Medicaid lien. The total award amounted to $98,411.94.

The public decision does not describe the specific onset of symptoms, clinical details of the injuries, diagnostic tests performed, or treatments received. The specific theory of causation and any expert testimony are not detailed in the public decision, as the case was resolved via stipulation.

Theory of causation

Petitioner Rebecca Plona alleged that a September 24, 2015, influenza vaccine caused a musculocutaneous nerve injury, Parsonage-Turner syndrome, and tendonitis. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a total of $98,411.94 ($90,000 lump sum for damages and $8,411.94 for a Medicaid lien reimbursement). The case was resolved via stipulation, and the theory of causation is unclear from the public record.

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